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Neutral Citation No. - 2025:AHC:91385 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18400 of 2025 Applicant :- Sawle Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kapil Yadav,Swati Agrawal Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Supplementary affidavit filed today on behalf of the applicants is taken on record. 2. Heard Sri Amit Kumar, learned Advocate holding brief of Ms. Swati Agrawal Srivastava, learned counsel for the applicants and Sri Pradeep Kumar, learned AGA for the State. 3. The instant bail application has been filed seeking release of the applicants on bail in Case Crime No. 380 of 2024, under Sections 191(2), 115(2), 123, 103(1) B.N.S., Police Station Khutahan, District Jaunpur during pendency of the trial. 4. Learned counsel for the applicants submitted, however, applicants were named in the FIR along with others but on the basis of false allegation they have been named in the FIR of the present case. 5. He further submits, after considering the entire facts of the case in detail co-accused Pankaj Singh has been released on bail by this Court vide order dated 22.05.2025 passed in Criminal Misc. Bail Application No. 16517 of 2025 and co-accused Pankaj Singh was also named in the FIR along with applicants and on facts, case of applicants is at par with him. 6. He further submits, however, apart from the present case applicants were also having previous criminal history of one another case but that case relates to minor offence and their criminal history has been explained in the supplementary affidavit filed in support of instant bail application. 7. He further submits, in the present matter applicants are in jail since 28.12.2024 i.e. for last more than five months. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 9. I have heard learned counsel for the parties and perused the record of the case. 10.
Considering the argument advanced by learned counsel for the applicants and the fact that similarly placed co-accused Pankaj Singh has been released on bail by this Court and criminal history of solitary case of the applicants has been explained in the supplementary affidavit filed in support of instant bail application and in the present matter applicants are in jail for last more than five months, in my view, applicants are entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicants - Sawle Singh and Neeraj be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicants shall appear before the trial court on the dates fixed, unless their personal presence is exempted. (ii) The applicants shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity.
13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants.
14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 28.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad